Constitutionality Of SDB Preference Still Undecided
Client Alert | less than 1 min read | 07.12.05
Expressing some frustration, the Federal Circuit in Rothe Dev. Corp. v. Dep't of Def. (June 28, 2005) remanded to the district court a second time for a determination of whether the latest enactment of the small disadvantaged business evaluation preference is constitutional, despite the price percentage bonus currently being suspended. The Federal Circuit repeated that the district court must apply strict scrutiny and must review evidence as to what Congress considered in establishing the preference.
Insights
Client Alert | 4 min read | 02.20.26
SCOTUS Holds IEEPA Tariffs Unlawful
On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.
Client Alert | 7 min read | 02.20.26
Section 5949 Proposed Rule Puts the FAR Council's Chips on the Table
Client Alert | 5 min read | 02.20.26
Trump Administration Pursues MFN Pricing for Prescription Drugs
Client Alert | 4 min read | 02.19.26
Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
